In a bail application regarding recovery of liquor under Bihar Prohibition and Excise Act, the court released the petitioner on anticipatory bail subject to deposit of a sum in the Chief Minister Relief Fund.
Petitioner released on bail/bond of Rs. 25,000 subject to prior deposit of Rs. 2,000 in Chief Minister Relief Fund.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24134 of 2020
Arising Out of PS. Case No.-48 Year-2020 Thana- PAKARIBARAW District- Nawada
======================================================
Ganesh Chauhan Son of Kishun Chauhan Resident of Village- Gangti, P.S.Pakribarawan, District- Nawada.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Devendra Prasad Singh, Advocate For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 08-10-2020
The Court proceeding has been conducted through
virtual mode.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Since the court proceeding in physical mode is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 30(a) of the
Patna High Court CR. MISC. No.24134 of 2020(2) dt.08-10-2020 2/3
Bihar Prohibition and Excise Act, 2016 as amended by Act 8 of 2018.
It is alleged that 10 litres of Mahua liquor were recovered from the bush near the house of the petitioner.
It is submitted by learned counsel for the petitioner that the recovery has not been made from conscious physical possession of the petitioner rather the same has been made from the bush which is an open area. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
The petitioner is agreed to deposit a sum of Rs.2,000/(Rupees Two Thousand) in Chief Minister Relief Fund, Bihar bearing Account No. 2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.
Learned APP submits that the recovery has been made from the bush near the house of the petitioner.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.24134 of 2020(2) dt.08-10-2020 3/3
Additional Sessions Judge-II -cum- Special Judge, Nawada in connection with Pakribarawan P.S. Case No. 48 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.2,000/- (Rupees Two Thousand) in Chief Minister Relief Fund.
(Anjani Kumar Sharan, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner satisfies the conditions for release under Section 438(2) Cr.P.C. given apprehension of arrest.
1 provisions across 1 enactments
Ganesh Chauhan
The State Of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
